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THIS DOCUMENT IS THE PROPERTY OF HIS MAJESTY'S GOVERNMENT IN CANADA
DEFENCE OF CANADA
REGULATIONS
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THIS DOCUMENT IS THE PROPERTY OF HIS MAJESTY'S GOVERNMENT IN CANADA
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DEFENCE OF CANADA
REGULATIONS
OTTAWA
J. O. PATENAUDE, I.S.O.
PRINTER TO THE KINO'S MOST EXCELLENT MAJESTY
1939
COMMITTEE ON EMERGENCY LEGISLATION
First Report
1. Authority for the Committee's Institution
The standing interdepartmental Committee on Emergency Legis-
lation was set up under the authority of a Minute of Council,
P.C. 531, dated 14th March, 1938.
2. Composition
The Committee is composed as follows: —
Chairman
Mr. C. P. Plaxton, K.C Department of Justice.
Members
Mr. R. S. Hamer Department of Agriculture.
Mr. J. E. Read, K.C Department of External Affairs.
Mr. M. H. Wershof Department of External Affairs.
Dr. W. C. Clark Department of Finance.
Mr. W. M. Dickson Department of Labour.
Col. R. J. Orde Department of National Defence.
Col. M. A. Pope Department of National Defence.
Mr. A. W. Merriam Department of National Revenue.
Mr. F. E. Jolliffe Post Office Department.
Insp. C. E. Rivett-Carnac . . .Royal Canadian Mounted Police.
Mr. W. P. J. O'Meara, K.C. .Department of Secretary of State.
Mr. F. E. Bawden Department of Trade and Commerce.
Mr. J. Fortier Department of Transport.
Secretary
Mr. J. F. MacNeill, K.C Department of Justice.
3. Terms of Reference
The Committee's terms of reference are: —
" To inquire into and report upon the whole question of legislation required in
the event of war, or emergency real or apprehended";
these terms being expressly subject to the following general instruc-
tion set forth at the outset of the above-mentioned Minute of
Council, namely:
" that it is expedient in the public interest to institute standing interdepartmental
committees to inquire into and report upon the practical problems concerning
Canada which might arise in time of war or emergency, real or apprehended, and
the measures to be taken in the event of a decision being duly reached at the time
that war or emergency measures be taken on behalf of Canada."
4. War Measures Act
Pursuant to our terms of reference we have surveyed the
position as regards the legislation which would be required in the
event of grave emergency and we have reached conclusion that
little in the way of special legislation in Parliament will be required.
Under the provisions of the War Measures Act, Chapter 206,
Revised Statutes of Canada, 1927, the Governor in Council " May
do and authorize such acts and things, and make from time to time
such orders and regulations, as he may by reason of real or appre-
hended war, invasion or insurrection deem necessary or advisable
for the security, defence, peace, order and welfare of Canada;". It
is clear, therefore, that this statute confers upon the Executive
ample authority to take pretty well whatever action might be found
to be necessary to meet the exigencies of war or other emergency.
There is, however, one specific exception to this general rule,
namely, Finance.
5. Finance Legislation
It seems clear that the defensive measures which would require
to be taken in the event of an outbreak of war would immediately
give rise to a need for specific legislation of a financial nature. We
understand that the Department of Finance is examining this
aspect of the question.
6. Defence Regulations
It will be evident that in the event of war or grave emergency
extraordinary measures will be required to enable defence (both
internal and external) and the general administration of the
country's business to be effectively carried out. The powers under
which the Government Service functions in time of peace will be
found to be quite inadequate to cope with the conditions met with
84S63--1J
on every hand in time of war. At such a time the public interest
will require that many restrictions be imposed upon the Com-
munity with respect to such matters as internal security and the
prevention of sabotage, the treatment of aliens, the control of
means of communication, the safeguarding of information likely to
be useful to the enemy, the control of trade, shipping, civil aviation,
transport and so on. With respect to these and other heads the
effective management of the country's business will require the
delegation of the necessary powers to the Ministers respectively
responsible therefor. Such in any event was the experience in
1914-1918 and we have been informed by the several Departments
of the Government that in the circumstances contemplated similar
powers will again be necessary.
7. Defence of Canada Order, 1917
From the very outset of the Great War, many measures respect-
ing defence were taken by means of Orders in Council. The number
of these separate instruments in force steadily grew as time went on
with the result that after awhile their administration became a
matter of singular complexity. As a result some fifty of the more
important regulations contained in these Orders were consolidated
into one single Order, known as the " Defence of Canada Order,
1917." It subsequently underwent several revisions and lapsed with
the close of the War.
8. Defence of Canada Order, 1938
When a critical international situation arose toward the end of
September, 1938, the Committee had not completed the survey to
which reference has been made above. The urgency of the situation,
however, was such as to cause a special effort to be made to revise
the old Defence of Canada Order, 1917, in the light of present-day
conditions. The result of our work was duly submitted to the
Government in the form of a draft " Defence of Canada Order,
1938."
9. Defence of Canada Regulations
During the past nine months we have been able to obtain the
considered views of the Departments primarily concerned and to
compile a completely revised set of regulations which we beg leave
to submit with this report. Occasion has also been taken to recast
the arrangement of the previous Defence of Canada Orders and to
classify each proposed regulation under an appropriate head. None
of the essential provisions of the former Defence of Canada Order
has been omitted while new regulations considered necessary to meet
the needs of the day have been incorporated. Moreover, the draft-
ing of the Regulations has been completely revised.
10. Draft Reports to Council Submitted by Other Interdepartmental
Committees
At a meeting held on 19th January, 1939, the Committee on
Defence Co-ordination agreed that the draft Reports to Council
which accompanied the reports submitted by several of the other
interdepartmental Committees which had been set up pursuant to
the terms of Minute of Council (P.C. 531) referred to at the outset
of this report might, with advantage, be referred to the Committee
on Emergency Legislation for consideration and revision if neces-
sary. As a consequence we have been furnished with copies of
the draft Reports to Council appended to the reports of the Com-
mittee on the Treatment of Aliens and Alien Property as well
as of that on the Treatment of Ships and Aircraft. We have also
had referred to us the draft of a Report to Council drawn up by
the Committee on Censorship and, in addition, copies of others pre-
pared by the Department of National Defence in the course of its
ordinary business of defensive preparation. We have duly con-
sidered these several drafts and have here and there suggested such
revision as to form as has seemed to us desirable. During the
course of this task, however, suggestion was made that the scope
of the proposed Defence of Canada Regulations might with advan-
tage be extended so as to include therein the provisions of as many
of the above-mentioned draft Reports to Council as might affect the
general public. As we are of opinion that one comprehensive set of
Regulations, divided into appropriate chapters, conveniently indexed
and given a wide distribution, would materially facilitate the admin-
istration of the provisions contained therein, the suggestion com-
mended itself to the Committee and action to this end has been
duly taken. As a result the position is, as is noted in the proposed
provisional Government War Book which we understand is shortly
to be submitted by the Committee on Defence Co-ordination, that
the said Reports to Council are held in readiness for separate sub-
mission in the event of an emergency suddenly arising but that
should the Government approve of the accompanying Defence of
Canada Regulations the need for their retention as separate instru-
ments will no longer exist.
11. Approval of Regulations in Principle
The draft Defence of Canada Regulations submitted herewith
will obviously be required only in time of war or other grave emer-
gency. It may be observed, however, that they comprise upwards
6
of some seventy separate regulations many, if not most of which,
will require to be enforced from one end of Canada to the other as
and from the first day of War. In addition as a number of the said
regulations have been drafted so as to confer certain powers on the
Ministers respectively concerned to prescribe by order certain courses
of action, it follows that it is extremely desirable, if indeed it is not
essential, that the several Departments be made aware of the powers
they will be in a position to exercise under the circumstances con-
templated and given the opportunity to make in advance the neces-
sary administrative arrangements to this end. We have carefully
considered this question, which we feel to be of considerable import-
ance, and to insure that this matter be satisfactorily dealt with in
advance of an emergency, we recommend that the Government
approve the Regulations in principle, (subject of course to such
amendment or revision as may be considered desirable) and author-
ize their being printed and distributed to the officers of the Govern-
ment Service who will be primarily concerned with their administra-
tion. It is to be emphasized, however, that the printed Regulations
can have no force of law until such time as (a) a situation has arisen
which would enable the provisions of the War Measures Act to be
invoked and (b) the Government of the day has reached a decision
that the measures contained therein be duly put into effect by
Order in Council.
12. Modification of Regulations
In submitting this draft, however, we desire to invite attention
to two general considerations.
(a) The Defence of Canada Regulations cannot be regarded as
final. The defence plans of the Departments are necessarily
subject to modifications in the light of changing circumstances,
and although the draft represents the present views of all the
Departments concerned, it is certain that as the situation
changes it will become necessary from time to time to add
new regulations and to modify the terms of some of those
already included in the attached draft.
(b) It is, of course, possible that not all of these Regulations
would be required in the opening stages of a war. The aim
of the Committee has been to produce a comprehensive set
of regulations from which, in an emergency, the Government
of the day could select those required to meet the situation
existing at that time. Other regulations could be introduced
later as the situation developed.
13. Restriction and Detention Orders
The Committee unanimously recommend all regulations except
No. 21. As to the necessity of including this regulation, there is a
difference of opinion. The regulation provides, inter alia, that the
Minister of Justice if satisfied that any person is about to engage
in activities prejudicial to the public safety or the safety of the
State, may make an order directing that such person be detained
in such place and under such conditions as the Minister may from
time to time determine and imposing upon such person such restric-
tions as may be specified in the order of the Minister, and that any
person while detained by virtue of an order made under the pro-
visions of the regulation shall be deemed to be in legal custody.
It is felt by some members of the Committee that persons of
hostile internationalist affiliations may attempt to impede the war
effort of the nation by the dissemination of news or propaganda
or by other means and that it is therefore necessary to provide
for a means of taking swift and effective action against such persons
whether they be British subjects or aliens. Other members of the
Committee are not prepared at present to recommend the adoption
of such a regulation as they feel that it is an unnecessary inter-
ference with the liberty of the subject.
In the attached draft Regulations, regulations 21 and 22 (regula-
tion 22 deals with appeals) have been marked with a black line in
the margin to draw attention to the fact that it will be necessary
for the Cabinet to consider whether such a wide power should be
assumed by the Executive and also whether it is expedient to intro-
duce this regulation at the outset of an emergency or whether its
introduction should be postponed until it is known how the situation
will develop.
14. Summary of Recommendations
To facilitate reference we submit a summary of our recommenda-
tions as follows:
(a) That the Government be invited to approve in principle the draft Defence
of Canada Regulations submitted herewith.
(6) That the Government approve that the said Regulations be immediately-
printed and distributed to such officers in the Government Service as will be
required to administer them in case of need.
Signed on behalf of the Committee.
(Signed) C. P. Plaxton,
Chairman.
Ottawa, July, 1939.
P.C. 2483
AT THE GOVERNMENT HOUSE AT OTTAWA
The third day of September, 1939.
PRESENT :
HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL
Whereas the Prime Minister of the United Kingdom has to-day
announced that following the failure of the German Government to give
an undertaking to withdraw their troops from Poland, the United Kingdom
is at war with Germany.
Whereas on September the 1st, 1939, the Government of Canada
announced that in the event of the United Kingdom becoming engaged in
war in the effort to resist aggression, the Government of Canada had
unanimously decided as soon as Parliament meets to seek its authority for
effective co-operation by Canada at the side of Britain, and that meanwhile
necessary measures would continue to be taken for the defence of Canada,
consultations with the United Kingdom would be continued and in the
light of all the information at its disposal, the Government would recom-
mend to Parliament the measures which it believed to be the most effective
for co-operation and defence.
And whereas under the War Measures Act, Chapter 206 of the Revised
Statutes of Canada 1927, it is provided that the Governor in Council may
do and authorize such acts and things and may make from time to time
such orders and regulations as he may by reason of the existence of real
or apprehended war, invasion or insurrection deem necessary or advisable
for the security, defence, peace, order and welfare of Canada.
And whereas in view of the existence of a state of apprehended war a
proclamation under the said War Measures Act was issued on September
the 1st, 1939, and measures for the defence of Canada have been and are
continuing to be taken thereunder.
Now, therefore, in order that the Government of Canada may be
enabled to take such further action as may in the present emergency be
necessary, His Excellency the Governor General in Council, on the recom-
mendation of the Minister of Justice and under and by virtue of the
provisions of the War Measures Act is pleased to make the Regulations
attached, being the Defence of Canada Regulations, numbered 1 to 64,
inclusive, and they are hereby made and established accordingly.
H. W. LOTHROP,
Assistant Clerk of the Privy Council. ■
CONTENTS
PART I— GENERAL
Regulation Page
1. Directions as to non-interference with persons or
property 13
2. Interpretation 13
PART II— ESPIONAGE AND ACTS LIKELY TO ASSIST
THE ENEMY
Access to Certain Premises and Areas
3. Protected places 15
4. Protected areas 16
5. Controlled areas 16
6. Trespassing and loitering 17
7. Prohibition against trespassing on certain property 18
8. Control of highways over or near defence works
and protected places 18
Control of Means of Communication
9. Signalling to foreign vessels and aircraft 18
10. Signalling apparatus 19
11. Radio 19
12. Means of secret communication 20
13. Telegraph censorship 21
14. Control of postal communications 23
Censorship 24
15. Control of publications 25
Safeguarding Information Useful to the Enemy
16. General provisions for safeguarding information. 26
17. Communication with enemy agents 26
18. Photography, etc 27
19. Inventions and designs 27
Restrictions on Movements and Activities of Persons
20. Entering enemy territory 29
21. Restriction orders and detention orders 29
23. Prisoners of war, etc 31
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84863—2
10
CONTENTS— Continued
Enemy Aliens
Regulation Page
24. Arrest, detention and internment 31
25. Registration and internment 33
26. Provision for appeal 36
Sabotage and Misrepresentation
27. Sabotage 37
28. Interference with telegraphic communications. ... 37
29. Interference with His Majesty's forces, etc 37
30. Misleading acts and misrepresentation 38
31. False passports, etc 39
PART III— PUBLIC SAFETY AND ORDER
Public Safety
32. Evacuation of areas 39
33. Precautions against hostile attack 39
34. Damage to premises and contamination by gas ... 40
35. Control of lights and sounds 41
36. Power to require inhabitants to remain indoors . . 42
37. Explosives, ammunition and firearms 42
38. Manufacture and transport of dangerous articles . 43
Public Order
39. Causing disaffection 44
PART IV— SHIPS AND AIRCRAFT
40. General control of shipping 44
41. Transfer of ships registered in Canada 45
42. Issue of licences 46
43. Measures for safety of British ships registered in
Canada 47
44. Control of tonnage 48
45. Deserters from ships 49
46. Seamen required to have written pass when
absent from their ships 49
47. Control of aviation 49
11
CONTENTS— Concluded
PART V— ESSENTIAL SUPPLIES
Regulation Page
48. Requisitioning of property other than land 50
49. Control of land transport 51
50. Licensing of explosive factories 51
51. Handling and conveyance of ammunition, etc., in
Canadian waters 52
PART VI— GENERAL AND SUPPLEMENTARY PROVISIONS
52. Power to obtain information 52
53. Notices 53
54. False statements 53
55. Obstruction 53
56. Restrictions on disclosing information 54
Administrative Provisions
57. Licences, permits, etc 54
58. Power to enter and search premises 54
59. Power to stop and search vehicles 55
60. Power to arrest without warrant 56
Offences and Legal Proceedings
61. Attempts to commit offences and assisting offenders 56
62. Legal proceedings 56
Offences by corporations 57
63. Penalties 57
64. Service of notices 57
S4S63— 2±
DEFENCE OF CANADA REGULATIONS
His Excellency the Governor General, under and by
virtue of the power vested in him by the War Measures
Act, Chapter 206 of the Revised Statutes of Canada,
1927, and by and with the advice of the King's Privy
Council for Canada, is pleased to make the following
Regulations, the whole to be known as the " Defence of
Canada Regulations/' and the same are hereby made and
enacted accordingly, namely: —
PART I
GENERAL
1. The ordinary avocations of life and the enjoyment Directions
. . astonon-
of property will be interfered with as little as may be interference
permitted by the exigencies of the measures which may persons and
be required to be taken for securing the public safety property'
and the defence of Canada.
The Departments of the Government, officers thereof,
and other persons executing the following Regulations,
shall observe this general principle.
2. (1) In these Regulations the following expressions inter-
have the meanings hereby respectively assigned to them, pre a 10D*
that is to say: —
(a) " aircraft " means all machines which can derive
support in the atmosphere from reactions of the air.
(b) " ammunition " includes ammunition for any fire-
arm, grenades, bombs and other like missiles
whether capable of use with a firearm or not.
(c) " enemy alien " means a person who, not being a
British subject, possesses the nationality of a State
at war with His Majesty.
(d) " essential services " means such services as may
for the time being be declared by the Governor in .
Council to be essential for the prosecution of the
war or to the life of the community.
(e) " explosive " includes gun powder, blasting powder,
nitroglycerine, gun cotton, dynamite, blasting gela-
tine, gelignite, fulminates of mercury or other
13
14
metals, coloured fires, and every other substance
whether chemical compound or mechanical mixture,
used or manufactured with a view to produce a
violent effect by explosion, or a pyrotechnic effect,
fireworks, fuses, rockets, percussion caps, detonators,
cartridges, ammunition of all descriptions, fog and
other signals, and every other adaptation or prepara-
tion of an explosive as above defined.
(/) " munitions of war " means arms, ammunition,
implements of war, military, naval or air stores, or
any articles deemed capable of being converted
thereinto, or made useful in the production thereof.
(g) " radio " means and includes radiotelegraph, radio-
telephone and any other form of radioelectric
communication including the wireless transmission
of writing, signs, signals, pictures and sounds of
all kinds by means of Hertzian waves.
(h) "senior police officer" means any officer of the
Royal Canadian Mounted Police not below the rank
of inspector; any officer of any provincial police
force of a like or superior rank; the chief constable
of any city or town with a population of not less
than ten thousand; or any person upon whom the
powers of a senior police officer are for the purposes
of these Regulations conferred by the Governor in
Council.
(i) " ship " and " vessel " have respectively the same
meanings as in the Canada Shipping Act, 1934.
(;) " war offence " means —
(i) treason in so far as it consists in adhering
to the King's enemies, giving them aid and
comfort ;
(ii) an offence under any of the provisions of The
Official Secrets Act;
(iii) an offence against any of these Regulations;
(iv) attempting or conspiring to commit, or aid-
ing, abetting, counselling or procuring the
commission of, or being accessory to, any of
the offences specified in clauses (i) to (iii) of
this paragraph.
15
(2) For the purposes of these Regulations, the person
for the time being in charge of any vessel or aircraft shall
be deemed to be the master of the vessel or the pilot of
the aircraft, as the case may be.
(3) Nothing in these Regulations shall restrict the
doing of anything by any servant of His Majesty or by
any constable, acting in the course of his duty as such.
PART II
ESPIONAGE AND ACTS LIKELY TO ASSIST THE
ENEMY
Access to Certain Premises and Areas
3. (1) If, as respects any premises, it appears to the p,rotected
Minister of Justice to be necessary or expedient, in the
interests of the safety of the State or the efficient prosecu-
tion of the war, or for maintaining supplies and services
necessary to the life of the community, that special pre-
cautions should be taken to prevent the entry of unauthor-
ized persons, he may by order declare those premises to be
a protected place for the purposes of these Regulations;
and so long as the order is in force, no person shall, subject
to any exemptions for which provision may be made by
the order, be in those premises without the permission of
such authority or person as may be specified in the order.
Any premises in relation to which an order made under
this Regulation is in force are hereafter in these Regulations
referred to as " a protected place."
(2) Where, in pursuance of this Regulation, any person
is granted permission to be in a protected place, that person
shall, while acting under such permission, comply with
such directions for regulating his conduct as may be given
by the authority by whom the order was made or by,
or on behalf of, the authority or person granting the
permission; and any constable, any person acting on
behalf of His Majesty, or any person authorized in that
behalf by the occupier of the premises, may search any
person entering, or seeking to enter, or being in, a protected
place, and may detain any such person for the purpose
of searching him.
16
Protected
areas.
Controlled
areas.
(3) If any person is in a protected place in contravention
of this Regulation, or, while in such a place, fails to comply
with any direction given under this Regulation, then,
without prejudice to any proceedings which may be taken
against him, he may be removed from the place by any
constable, any person acting on behalf of His Majesty,
or any person authorized in that behalf by the occupier
of the premises.
(4) The Official Secrets Act shall have effect as if
references therein to a prohibited place included references
to a protected place.
4. (1) Without prejudice to any other of these Regula-
tions, the Minister of Justice, if satisfied that it is necessary
or expedient, in the interests of the safety of the State or
the efficient prosecution of the war, to regulate the entry
of persons into any area, may by order declare that area
to be a protected area for the purposes of these Regulations ;
and so long as the order is in force, then, on and after such
day as may be specified in the order, and subject to any
exemptions for which provision may be made by the order,
no person who was not at the beginning of that day resi-
dent in the said area shall be therein without the per-
mission of such authority or person as may be specified
in the order.
Any area in relation to which an order made under
this Regulation is in force is hereafter in these Regulations
referred to as " a protected area."
(2) If any person is in a protected area in contravention
of this Regulation, then, without prejudice to any pro-
ceedings which may be taken against him, he may be
removed from the area by or under the directions of any
constable or any member of His Majesty's forces on duty
in the area.
5. Without prejudice to any other of these Regulations,
the Minister of National Defence may, as respects any
area in relation to which it appears to him to be necessary
to take special precautions owing to the presence in that
area of members of His Majesty's forces or munitions of
war, make such by-laws regulating the conduct of persons
in the said area as may be necessary for the protection of
17
persons and property in that area, for safeguarding the
discipline and efficiency of members of His Majesty's forces
therein, or for facilitating the enforcement therein of
these Regulations; and such by-laws may make provision
for restricting access to that area, and for removing there-
from any person who is therein in contravention of the
by-laws.
6. (1) NO person shall— Trespassing
(a) trespass on or near any premises to which this loitering.
Regulation primarily applies, or
(6) unlawfully enter or board any vehicle, vessel or
aircraft used or appropriated for any of the purposes
of His Majesty's service, or trespass on premises
in the vicinity of any such vehicle, vessel or aircraft,
or
(c) trespass on premises in the vicinity of any protected
place ;
and if any person is found trespassing on any premises
in contravention of this paragraph, or is found on any
vehicle, vessel or aircraft on any occasion on which he has
entered or boarded it in contravention of this paragraph,
then, without prejudice to any proceedings which may
be taken against him, he may be removed by the appro-
priate person from the premises or from the vehicle, vessel
or aircraft, as the case may be.
(2) No person shall, for any purpose prejudicial to the
public safety or the safety of the State, be in, or near, any
premises to which this Regulation primarily applies or
any such vehicle, vessel or aircraft as aforesaid ; and where,
in any proceedings taken against a person by virtue of
this paragraph, it is proved that at the material time he
was present in, or near, the premises, vehicle, vessel or
aircraft concerned, the prosecution may thereupon adduce
such evidence of the character of that person (including
evidence of his having been previously convicted of any
offence) as tends to show that he was so present for a
purpose prejudicial to the public safety or the safety of
the State.
(3) No person loitering in the vicinity of a protected
place, of any premises to which this Regulation primarily
applies or of any such vehicle, vessel or aircraft as afore-
84863—3
18
said, shall continue to loiter in that vicinity after being
requested by the appropriate person to leave it.
(4) The premises to which this Regulation primarily
applies are premises used or appropriated —
(a) for any of the purposes of His Majesty's service or
for the defence against, or protection from, an
enemy, or
(b) for the performance of any essential services.
(5) In this Regulation the expression " the appropriate
person " means —
(a) any person acting on behalf of His Majesty,
(b) any constable,
(c) the person occupying the premises or being in
charge of the vehicle, vessel or aircraft, as the case
may be, or any person authorized by him.
Prohibition 7. (l) No person shall trespass on any railway.
trespassing (2) No person shall loiter on or under or near any
on certain
property. tunnel, bridge, viaduct or culvert.
Control of
highways
over or
near
defence
works and
protected
places.
8. The Minister of National Defence, if he considers
it necessary in the interests of the safety of the State so
to do, may by order provide for the stopping up or
diversion of any highway passing through any protected
place or works of defence, or through any land adjoining
any such place or works, and for prohibiting or restricting
the exercise of any right of way over, or the use of any
waterway passing through, any such place, works or land
as aforesaid.
Signalling
to foreign
vessels and
aircraft.
Control of Means of Communication
9. Subject to any exemptions for which provision may
be made by order of the Minister of Transport, no person
shall make any signal (either visually or by means of
sound) to any foreign vessel or foreign aircraft;
Provided that the preceding provisions of this Regulation
shall not restrict the making of any signal for the purpose
only of saving life or of regulating or aiding the navigation,
on the water or in the air, of any vessel or aircraft other
than a vessel or aircraft being used in the service of a
Power at war with His Majesty.
19
10. Subject to any exemptions for which provisions may Signalling
J j xr apparatus.
be made by order of the Minister of Transport no person
shall, except with permission granted by or on behalf
of a senior police officer have in his possession or under
his control any apparatus or contrivance for signalling
(whether visually or otherwise) which is of such a nature
that it could be used for a purpose prejudicial to the
safety of the State:
Provided that the preceding provisions of this Regulation
shall not apply —
(a) in relation to any radio apparatus, or
(b) in relation to any apparatus forming part of the
equipment of a vessel or aircraft, being an apparatus
which is required by law to be carried therein.
11. (1) No person shall establish any radio station, as Radio,
denned in The Radio Act, 1938, or install, operate or have
in his possession any radio apparatus at any place in
Canada or on any ship or aircraft registered in Canada,
except under and in accordance with a licence granted in
that behalf by the Minister of Transport.
(2) Notwithstanding anything in The Radio Act, 1938,
or in the Canada Shipping Act, 1934, or in any regulation
issued under such Acts, the Minister of Transport may in
his discretion cancel or suspend any licence issued on his
behalf in respect of any radio station established on land
or on any vehicle in Canada, or on any ship or aircraft
registered in Canada, and may control the transmission of
messages by such stations, or the working of any radio
apparatus used therein in any manner he may deem
expedient:
Provided that such cancellation or suspension of a licence
shall not render the former licensee liable in any manner
for retaining in his or her possession contrary to Section 5
of The Radio Act, 1938, the radio apparatus employed in
the station for which such licence was previously in force,
on condition that the said equipment is dismantled in such
a manner as may be prescribed by the said Minister or any
person authorized by him.
(3) Any person duly authorized by the Minister of
Transport may take such steps and use such force as may
84863—3J
secret
communica-
tion.
20
appear to that person to be reasonably necessary for secur-
ing compliance with any of the preceding paragraphs of this
Regulation where a contravention of such has occurred,
and for enabling proceedings in respect of such contraven-
tion to be effectually taken.
Means of 12. (1) No person shall knowingly have in his posses-
sion, or knowingly send by post or otherwise to any
destination, whether within or outside Canada: —
(a) Any instructions for utilizing any means of secretly
conveying, receiving or recording information
(6) any substance or article manufactured or designed
for the purpose of secretly conveying, receiving or
recording information, or
(c) any document or other article secretly conveying or
recording any information.
(2) Any person who has in his possession any such
instructions as are mentioned in sub-paragraph (a) of
paragraph (1) of this Regulation, shall, if requested by or
on behalf of the Minister of Justice so to do, deliver up
those instructions to such authority or person as may be
specified in the request.
(3) Any person who has in his possession, in contraven-
tion of this Regulation, any substance or article manu-
factured or designed for the purpose of secretly conveying,
receiving or recording information, shall, if requested by
or on behalf of the Minister of Justice so to do, deliver up
that substance or article to such authority or person as
may be specified in the request.
(4) Nothing in paragraphs (2) and (3) of this Regula-
tion shall be taken to prevent the prosecution of any
person in respect of a contravention of paragraph (1) of
this Regulation.
(5) In this Regulation the expression "instructions for
utilizing any means of secretly conveying, receiving or
recording information" includes any code or cipher, but
paragraph (1) of this Regulation shall not apply —
(a) to the possession of any code or cipher which is
proved to be intended and used solely for com-
mercial or other legitimate purposes, or
21
(b) any document conveying or recording information
by means of such a code or cipher, being a docu-
ment which specifies in clear the code or cipher
used.
13. (1) The appropriate Minister may: cfnStp.
(a) Direct or cause the whole or part of the offices,
works and property of any cable, radiotelegraph,
telegraph or telephone company or any radio
apparatus in the possession or under the control
of or on the premises of any individual or company,
to be entered and possessed in the name of His
Majesty, and on his behalf, and to be used for His
Majesty's service, and subject thereto, for such
ordinary service as the Minister may permit;
(b) Direct any person to assume entire or partial
control of the transmission of messages by the
cables, apparatus or wires of any such individual or
company ;
(c) Direct any cable, radiotelegraph, telegraph or tele-
phone company to submit to him or to any person
authorized by him all cablegrams, telegrams and
messages tendered for transmission or arriving by
any such company's cable, wires or radio apparatus,
or any class or classes of such telegrams, cable-
grams or messages, or to deliver the same to him
or to his agent; the said Minister may direct any
such company to transmit through certain named
offices only, all messages (including oral messages
tendered to or received by any telephone company)
that may be intended to pass out of Canada.
(2) The appropriate Minister may require any person
whom he commissions, directs or authorizes to enter, take
possession of or assume control of any office, works or
property or part thereof, or of the transmission of messages
in pursuance of this Regulation, and may also require
any person employed by or connected with any such com-
pany as is mentioned in this Regulation to subscribe to
the oath appended hereunder:
22
In the matter of the War Measures Act
and
In the matter of the Defence of Canada Regulations.
I, of the
of , in the of ,
, DO SOLEMNLY SWEAR that I will not,
(Occupation)
until relieved of this obligation by notice in writing from
the Minister of , transmit or permit to
be transmitted any message (by cable, radio, ordinary
telegraph or telephone, as the case may be) passing through
the office or exchange in which I am employed and in-
tended for delivery outside of Canada, unless I am satisfied
on good and reasonable grounds that the said message
contains no matter giving information such as is calcu-
lated to be or as might be directly or indirectly useful to
the enemy, and that I will to the best of my ability learn
the subject-matter of all messages, intercept any message
containing any such information, and will immediately
make known the terms of such message and all facts that
I can ascertain as to the identity of the sender thereof
to
Sworn before me at the of ,
in the of , this
day of , A.D. 19....
(3) All persons who, in pursuance of this Regulation
have entered, taken possession of or assumed control of
any office, works or property or part thereof, or of the
transmission of messages, and also all persons employed
by or connected with any such company as is mentioned
in this Regulation, shall obey and conform to all such
directions as may be issued by the appropriate Minister.
(4) Whenever in this Regulation the expression " com-
pany " is used, either in association with such words as
" cable " or " telegraph " or otherwise, it shall be deemed
to extend to and to include a person, partnership and a
body corporate.
(5) In this Regulation the expression "the appropriate
Minister" means:
(a) With reference to the operations, offices, works or
propertv of any cable companv, and so far as con-
23
cerns trans-oceanic radio communications with
reference to the operations, offices, works or prop-
erty of any radiotelegraph company, and with refer-
ence to the offices, works or property of any land
telegraph and telephone company from and to which
cable and radio messages may be transmitted and
received, the Minister of National Defence;
(b) With reference to the operations, offices, works or
property of any telegraph company or any telephone
company in respect of land communications not
forming part of the classes of communications here-
inbefore in this paragraph mentioned, the Secre-
tary of State of Canada; and
(c) With reference to the operations, offices, works or
property of any radiotelegraph or radiotelephone
station, radio broadcasting station or any other
class of radio station whether for transmission or
reception, or both, which do not form part of any
of the classes of telecommunication hereinbefore
in this paragraph mentioned, the Minister of Trans-
port.
14. (1) The Postmaster General may make provision Control of
by order for securing that mailable matter of any such eommunica-
description as may be specified in the order shall not be tlons'
despatched by post from Canada to destinations outside
Canada, except in accordance with the order.
(2) The Postmaster General may make provision by
order for securing that, subject to any exemptions for
which provision may be made by the order, and except
in accordance with such conditions as may be contained
therein, no document, pictorial representation or photo-
graph or other article whatsoever recording information
shall be sent or conveyed from Canada to any destination
outside Canada otherwise than by post, or conveyed into
Canada otherwise than by post.
No person shall have any article in his possession for
the purpose of sending or conveying it in contravention
of an order made under this paragraph.
(3) Any person who is about to leave Canada or arrives
in Canada, which person is hereafter referred to as the
" traveller " shall, if requested so to do by the appro-
priate officer, —
24
(a) declare whether or not the traveller has with him
any such article as is mentioned in paragraph (2)
of this Regulation;
(b) produce any such article as aforesaid which he has
with him;
and the appropriate officer, and any person acting under
his directions, may examine or search any article which
the traveller has with him, for the purpose of ascertaining
whether he is conveying or has in his possession any
article in contravention of paragraph (2) of this Regula-
tion, and, if the appropriate officer has reasonable ground
for suspecting that the traveller has any article about his
person in contravention of that paragraph, he may search
him, and may seize any article produced as aforesaid or
found upon such examination or search as aforesaid, being
an article as to which the appropriate officer has reason-
able ground for suspecting that it is being sent or con-
veyed in contravention of the said paragraph or is in the
traveller's possession in contravention of that paragraph:
Provided that no woman shall be searched in pursuance
of this paragraph except by a woman.
(4) Where any person is found on any occasion in
circumstances in which it is reasonable to suppose that
he is communicating with or intends to communicate with
a traveller, the provisions of paragraph (3) of this Regu-
lation shall apply in relation to the person so found as
they apply in relation to the traveller; and where any
person is on any occasion found travelling to or from any
place in such circumstances as aforesaid, the said pro-
visions shall apply in relation to him as they would apply
if he on being so found had been a traveller.
Censorship. (5) The Postmaster General may by order make pro-
vision for the censorship of all mailable matter, or of any
class or classes of such mailable matter, as may pass
through or be dealt with in any way in the mails of
Canada and the Postmaster General may appoint a
Director of Postal Censorship to carry out the purposes
of this Regulation.
(6) Where there is declared or produced to the appro-
priate officer in compliance with this Regulation, or
discovered by the appropriate officer in circumstances in
25
which it ought to have been so declared or produced, any-
such plate, film or other article as aforesaid which he
suspects to have been exposed in a camera but not
developed, he may cause to be taken, or require the person
by whom it is declared or produced or in whose possession
it is discovered to take such steps (including subjection
of the article to the process of development) as may be
reasonably necessary for enabling the appropriate officer
to ascertain whether or not it has been so exposed.
(7) In this Regulation —
(a) the expression " mailable matter" has the same
meaning as in the Post Office Act, Chapter 161,
R.S. of Canada, 1927;
(b) the expression " photographs " includes any photo-
graphic plates, photographic films or other sensitized
articles which have been exposed in a camera,
whether they have been developed or not ; and
(c) the expression " the appropriate officer " means any
officer of the Post Office or Customs and Excise, any
immigration officer or any constable.
15. (1) The Secretary of State of Canada may make Control of
provision by order for preventing or restricting the publi-
cation in Canada of matters as to which he is satisfied
that the publication, or, as the case may be, the unrestricted
publication, thereof would or might be prejudicial to the
safety of the State or the efficient prosecution of the war,
and an order under this paragraph may contain such
incidental and supplementary provisions as may appear to
the Secretary of State to be necessary or expedient for the
purposes of the order including provisions for securing that
documents, pictorial representations, photographs or cine-
matograph films shall, before publication, be submitted or
exhibited to such authority or person as may be specified
in such order.
(2) Where any person is convicted on indictment of an
offence against this Regulation by reason of his having
published a newspaper, the court may by order direct that,
during such period as may be specified in the order, that
person shall not publish any newspaper in Canada.
84863—4
26
(3) In this Regulation —
(a) the expression " cinematograph film " includes a
sound track and any other article on which sounds
have been recorded for the purpose of their being
reproduced in connection with the exhibition of
such a film;
(b) the expression " publication " means, in relation to
a cinematograph film, the exhibition of the film to
the public, and includes the mechanical or electrical
reproduction of any sounds, in connection with the
exhibition of the film as aforesaid; and
(c) the expression " newspaper " includes any journal,
magazine or other periodical publication.
Safeguarding Information Useful to the Enemy
General 16. No person shall, in any manner likely to prejudice
provisions = _, m • • t> i
for safe- the safety of the State or the efficient prosecution of the
mformation. war, obtain, record, communicate to any other person,
publish, or have in his possession any document or other
record whatsoever containing, or conveying any infor-
mation being, or purporting to be, information with respect
to any of the following matters, that is to say: —
(a) the number, description, armament, equipment, dis-
position, movement or condition of any of His
Majesty's forces, vessels or aircraft;
(b) any operations or projected operations of any of
his Majesty's forces, vessels or aircraft;
(c) any measures for the defence or fortification of any
place on behalf of His Majesty;
(d) the number, description or location of any prison-
ers of war;
(e) munitions of war;
(/) any other matter whatsoever information as to
which would or might be directly or indirectly
useful to the enemy.
Communica- 17. No person shall communicate or associate with any
enemy1 other person if he has reasonable cause to believe that
agents. gucj1 ^j^,. pers0n is engaged in assisting the enemy:
Provided that in any proceedings taken by virtue of
this Regulation in respect of any particular communica-
27
tion or association, it shall be a defence to prove that the
purpose of the communication or association was not
prejudicial to the public safety or the safety of the State.
18. (1) Subject to any exemptions for which provision Photo-
may be made by order of a competent authority, no per-
son shall, except under the authority of a written permit
granted by or on behalf of a competent authority make
or publish any photograph, sketch, plan or other repre-
sentation—
(a) of a protected place, or of any part of or object in
a protected place, or of an object of any such
description as may be specified by order of a com-
petent authority, or
(b) of, or of any part of or object in, any area in
Canada as may be specified by order of a com-
petent authority, being an area in relation to
which the restriction of photography appears to
that competent authority to be expedient in the
interests of the safety of the State.
(2) A competent authority may make such orders, and
any person acting on behalf of a competent authority
may give such special directions, as the said authority or
person thinks necessary for securing that photographs,
sketches, plans or other representations made under the
authority of a permit granted in pursuance of paragraph
(1) of this Regulation, shall not be published unless and
until they have been submitted to, and approved by, such
authority or person as may be specified in the order or
directions, as the case may be ; and a competent authority,
or any person acting on its behalf, may, if that authority
or person thinks it necessary in the interests of the safety
of the State so to do, retain or destroy or otherwise dispose
of, anything submitted as aforesaid.
(3) For the purposes of this Regulation, " a competent
authority " shall mean the Minister of Justice or the
Minister of National Defence.
19. (1) Where, either before or after the coming into invention*
igns.
force of this Regulation, an application has been made to fj^
the Commissioner of Patents, for the grant of a patent
or the registration of a design, the said Commissioner, if
84863— 4\
28
satisfied, on the advice of the Minister of National
Defence that it is expedient in the interests of the safety
of the State or the efficient prosecution of the war so to
do, may, notwithstanding anything in any Act, omit or
delay the doing of anything which he would otherwise be
required to do in relation to the application, and give
directions for prohibiting or restricting the publication of
information with respect to the subject matter of the
application, or the communication of such information to
particular persons or classes of persons.
(2) No person shall, except under the authority of a
written permit granted by, or on behalf of, the Commis-
sioner of Patents, make any application for the grant of
a patent, or the registration of a design, in any foreign
country.
(3) The Minister of National Defence, if it appears to
him to be necessary or expedient in the interests of the
safety of the State or the efficient prosecution of the war
so to do, may give directions to any person requiring him
to furnish to such authority or person as may be specified
in the directions any such information in his possession
relating to any invention, design or process as may be
specified in the directions, or demanded of him by the
said authority or person.
(4) The right of a person to apply for, or obtain, a
patent in respect of an invention or registration in respect
of a design shall not be prejudiced by reason only of the
fact that the invention or design has previously been
communicated to a person in compliance with paragraph
(3) of this Regulation, or used by a person in consequence
of such communication, and a patent in respect of an
invention, or the registration of a design, shall not be held
to be invalid by reason only that the invention or design
has been so communicated or used as aforesaid.
(5) In connection with the making, use or exercise of
any invention or design oh behalf of, or for the services
of, the Crown the Minister of National Defence may
authorize the use of any drawing, model, plan or other
document or information in such manner as appears to
him to be expedient in the interests of the safety of the
State or the efficient prosecution of the war, notwith-
standing anything to the contrary contained in any
29
licence or agreement; and any licence or agreement, if
and so far as it confers on any person, otherwise than for
the benefit of the Crown, a right to receive any payment
in respect of the use of any document or information in
pursuance of such an authorization, shall be inoperative.
(6) In addition to any other penalty which may be
imposed, the Commissioner of Patents, with the approval
of the Secretary of State of Canada, may, in his absolute
discretion subject to such terms and conditions as he may
think fit, order the avoidance or suspension in whole or
in part of any patent or licence, the person entitled to
the benefit of which either is the subject of any State at
war with His Majesty or has contravened any provision
of this Regulation or any order of the Commissioner of
Patents issued under the authority of this Regulation:
Provided always that the Commissioner may at any
time, with the approval of the Secretary of State of Canada,
in his absolute discretion revoke any avoidance or sus-
pension of any patent or licence ordered by him.
Restrictions on Movements and Activities of Persons
20. (1) Except in due course of operations of war, no Entering
person, being either a British subject or a person enjoying territory.
His Majesty's protection, shall, without the permission of
the Secretary of State for External Affairs or of a person
authorized by him to grant permissions for the purpose of
this Regulation, voluntarily enter any enemy territory or
voluntarily go on board any vessel or aircraft being used
in the service of a Power at war with His Majesty.
(2) In this Regulation the expression " enemy territory "
means any area which is under the sovereignty of, or
administered by, or for the time being in the occupation of,
a Power at war with His Majesty, but does not include
any area in the occupation of His Majesty or of an allied
or associated Power.
21. (1) The Minister of Justice, if satisfied, that with Restriction
a view to preventing any particular person, from acting detention^
in any manner prejudicial to the public safety or the safety orders*
of the State it is necessary so to do, may, notwithstanding
anything in these Regulations, make an order: —
30
(a) prohibiting or restricting the possession or use by
that person of any specified articles;
\o) imposing upon him such restrictions as may be
specified in the order in respect of his employment
or business, in respect of his movements or place
of residence, in respect of his association or com-
munication with other persons, or in respect of
his activities in relation to the dissemination of
news or the propagation of opinions;
(c) directing that he be detained in such place, and
under such conditions, as the Minister of Justice
may from time to time determine;
and any person shall, while detained by virtue of an order
made under this paragraph, be deemed to be in legal
custody.
(2) If any person is in any place or area in contravention
of an order made under this Regulation, or fails to leave
any place or area in accordance with the requirements of
such an order, then, without prejudice to any proceedings
which may be taken against him, he may be removed
from that place or area by any constable or by any person
acting on behalf of His Majesty.
22. (1) For the purposes of the preceding Regulation,
there shall be one or more advisory committees consisting
of persons appointed by the Minister of Justice, and the
chairman of any such committee shall be a person who
holds or has held high judicial office.
(2) The functions of any such committee shall be to
consider, and make recommendations to the Minister of
Justice with respect to, any objections against an order
under the preceding Regulation which are duly made to the
committee by the person to whom the order relates.
(3) The Minister of Justice may make rules as to the
manner in which objections against such an order as afore-
said may be made to such an . advisory committee, and
such rules shall contain provisions for enabling any person
in respect of whom an order is made under the preceding
Regulation to make objections against the order either
in person or by counsel, solicitor or agent; and it shall be
the duty of the Minister of Justice to secure that every
such person is informed of his right to make objections
under this Regulation.
31
23. (1) No person shall — Prisoners
of war, etc.
(a) knowingly assist a prisoner of war to escape from
custody, or knowingly harbour an escaped prisoner
of war; or
(6) give an escaped prisoner of war any assistance with
intent thereby to prevent, hinder or interfere with
the apprehension of the prisoner.
(2) The Secretary of State of Canada may by order
provide —
(a) for regulating access to, and the conduct of persons
in, places in Canada where prisoners of war are
detained, and for prohibiting or regulating the dis-
patch or conveyance, from outside such places to
or for prisoners of war therein, of any such articles
as may be specified in the order;
(6) for prescribing conditions to be observed in con-
nection with the employment of, or the provision
of board or lodging for, prisoners of war in Canada
while elsewhere than in places for the detention of
prisoners of war.
(3) No proceedings shall be taken, by virtue of this
Regulation, against a person in respect of any act done
by him when he is himself a prisoner of war.
Enemy Aliens
24. ( 1 ) All enemy aliens in Canada, so long as they Arrest,
peacefully pursue their ordinary avocations, shall be and
allowed to continue to enjoy the protection of the law mternment-
and shall be accorded the respect and consideration due
to peaceful and law abiding citizens, and they shall not be
arrested, detained or interfered with, provided they comply
with the requirements in respect of registration prescribed
in the next following Regulation, unless there is reasonable
ground to believe that they are engaged in espionage, or
are engaging or attempting to engage in acts of a hostile
nature, or are giving or attempting to give information
to the enemy, or unless they otherwise contravene any
law, Order in Council, or Proclamation.
(2) All enemy aliens who —
(a) are members of enemy armed forces and who attempt
to leave Canada;
32
(b) attempt to leave Canada, and in regard to whom
there is reasonable ground to believe that their
attempted departure is with a view to assisting
the enemy;
(c) are engaged or who attempt to engage in espionage
or acts of a hostile nature, or who give or who
attempt to give information to the enemy, or who
assist or attempt to assist the enemy, or who are
on reasonable grounds suspected of doing or attempt-
ing to do any of the said acts;
shall be arrested and detained.
(3) The power to effect the arrest and detention of all
or any person or persons coming within any of the classes
mentioned in paragraph (2) of this Regulation shall be
vested in the Commissioner, officers and constables of
the Royal Canadian Mounted Police and in such other
persons as may be authorized so to do by the Commissioner
of the Royal Canadian Mounted Police.
(4) The authorities and officers mentioned in para-
graph (3) of this Regulation shall be authorized to release
any such person so arrested or detained as aforesaid of
whose good faith and responsibility they may be satisfied
on his signing an undertaking in the form following:
UNDERTAKING
I, , at present of ,
in the Province of , in the Dominion of
Canada, do hereby declare that I am a subject.
citizen.
I now, in consideration of my release or exemption from
detention as a subject of , hereby under-
citizen
take and promise that I will report to such officer or
official and upon such terms as the Canadian authorities
may from time to time prescribe; that I will carefully
observe and obey the laws of Canada and such rules or
regulations as may specially be prescribed for my conduct
by competent authority; that I will strictly abstain from
taking up arms against and from doing any act of hostility
towards the Government of this country, and that, except
with the permission of the officer or official under whose
33
surveillance I may be placed, I will strictly abstain from
communicating to anyone whomsoever any information
concerning the existing war or the movement of troops or
the military preparations which the authorities of Canada,
or the United Kingdom or any of His Majesty's dominions
or any allied or associated Power may make, or concern-
ing the resources of Canada, and that I will do no act
and will not encourage the doing of any act which might
be of injury to the Dominion of Canada or the United
Kingdom or any of His Majesty's dominions or any allied
or associated Power.
Dated this day of
Witness :
Signature :
(5) Any such person so arrested and detained as afore-
said, of whose good faith and responsibility the officer or
authority making the arrest is not satisfied, or who refuses
to sign such undertaking or who, having signed such under-
taking, fails to abide by its terms, shall be interned as a
prisoner of war in such place as may be provided by the
Department of National Defence; and, if it be deemed
necessary that guards be placed on persons so interned,
such guards shall be furnished by the Department of
National Defence. Pending internment any such person
may be confined without warrant in any police station,
lock-up or gaol, and the keeper or person in control of such
police station, lock-up or gaol shall take and safely keep
any such person so committed until he is interned or
released.
(6) All such authorities and officers who may exercise
any of the powers prescribed in this Regulation shall
report in each case to the Commissioner, Royal Canadian
Mounted Police, stating the name, address and occupa-
tion of the person detained or paroled, the date and place
of detention and generally the circumstances of the arrest
and detention and all such information as may be neces-
sary or useful for the purposes of record and identification.
(7) On the coming into force of this Regulation public
notice thereof shall forthwith be given by Proclamation.
25. (1) One or more offices of registration shall be Registration
established, in such cities, towns and other places as may fnternment.
be from time to time be designated by the Minister of
34
Justice and officers shall be appointed by the Minister of
Justice for each of the offices so established, who shall
be called Registrars of Enemy Aliens, hereinafter referred
to as " Registrars." For that purpose, members of the
public service of Canada, including the Royal Canadian
Mounted Police and Postmasters, and of the Provincial
and Municipal public services and police, may, with the
concurrence of the appropriate authority, be appointed.
(2) The Registrars shall be under the immediate direc-
tion of an officer who shall be appointed by the Governor
in Council and who shall be called Registrar General of
Enemy Aliens, hereinafter referred to as the " Registrar
General/' and who shall be responsible to and shall report
to the Minister of Justice. The Registrar General, subject
to the approval and directions of the Minister of Justice,
may appoint such assistants to such Registrars, clerks and
other officers, as may be necessary for the proper carry-
ing out of the provisions of this Regulation.
(3) The Registrar General shall, subject to the direc-
tions and approval of the Minister of Justice, have author-
ity to make provisions for a Central Registry at Ottawa
and, if necessary, for regional registries and for co-ordina-
tion of registration, and generally to carry out the true
intent and purpose of this Regulation.
(4) It shall be the duty of a Registrar to examine each
enemy alien attending before him and to register in a
book, to be provided for the purpose, the name, age,
nationality, place of residence in Canada and in the coun-
try of nationality, occupation, desire or intention to leave
Canada, the names of the wife and children, if any, in
Canada of every such alien, and such other particulars
necessary for identification of such enemy alien or other-
wise as may to the Registrar seem advisable. Provision
may be made by the Registrar General for the issue to
each enemy alien registered in accordance with the pro-
visions of this Regulation of an identification document
for which a fee sufficient to cover the cost thereof may
be charged.
(5) Every enemy alien shall, as soon as possible after
the publication in the Canada Gazette of a notice desig-
nating an area as one wherein a Registry Office is to be
established under this Regulation, attend before the
35
Registrar or one of the Registrars in the city, town or
place within or nearest to which he is or resides, and truly
answer such questions with regard to the matters referred
to in paragraph (4) of this Regulation as may be put to
him by the Registrar.
(6) No enemy alien shall be permitted to leave Canada
without an exeat from the Registrar General, but the
Commissioner of the Royal Canadian Mounted Police
may in any case grant or cancel the exeat to an enemy
alien who has been registered.
(7) The Registrar General may issue an exeat to an
enemy alien if he is satisfied upon the examination and
registry and report of a Registrar that such enemy alien
will not materially assist by active service, information, or
otherwise, the forces of the enemy. The exeat shall be
endorsed upon the identification document in any case in
which such a document has been issued or is to be issued
to an enemy alien.
(8) If it appears to the Registrar that any enemy alien
who is not permitted to leave Canada or who having been
permitted to leave Canada has not left Canada pursuant
to such permission may consistently with the public safety
be suffered to remain at large, such enemy alien shall
be required to give an undertaking in such form as is
prescribed in the preceding Regulation. If such enemy
alien has not given, and refuses to give such an under-
taking, he shall be interned as a prisoner of war. The
Registrar shall report immediately to the nearest Chief of
Police and to the nearest Royal Canadian Mounted Police
station and to the Registrar General, the names and
addresses of those who are permitted to remain at liberty.
Any enemy alien who in the judgment of the Registrar
cannot consistently with the public safety be allowed at
large shall be interned as a prisoner of war and any enemy
alien who has been allowed at large by a Registrar may,
upon the order of the Minister of Justice if in his judgment
such alien cannot consistently with the public safety be
allowed at large, be interned as a prisoner of war.
(9) If any enemy alien who is by the terms of this
Regulation required to register, fails to do so within one
month of the notice referred to in paragraph (5) of this
36
Regulation or within seven days after the date when he
shall by reason of his residence come within the description
of those required to register, whichever date shall be last,
or if he refuse or fail to answer truly any of the questions
put by the Registrar, or if being registered he fail to report
as hereinbefore required or to observe any of the conditions
upon which he is permitted to be at liberty, he shall, in
addition to any other penalty to which he may therefor by
law be liable, be interned as a prisoner of war.
(10) If any enemy alien interned under the provisions
of these Regulations has a wife or children living with or
dependent upon him, such dependents may be permitted
to accompany him.
^appeal ^* (*) ^ny enemy a^en wno nas Deen interned under
the provisions of this Part, may within thirty days of such
internment, appeal against such internment to the nearest
person designated by the Minister of Justice for the purpose
of hearing such appeals, hereinafter referred to as "the
Tribunal."
(2) A written notice of appeal signed by the appellant
shall be filed with the Tribunal by the person having the
custody of such appellant, who shall transmit a copy thereof
to the Registrar General of Enemy Aliens.
(3) The Tribunal hearing any such appeals shall give
such directions as may be necessary for the prompt and
just disposition of the appeal. The appeal shall be by way
of rehearing and all relevant evidence may be considered.
(4) The Tribunal hearing any such appeal may, if it
is satisfied that it would be consistent with the public
safety and expedient in the public interest that the
appellant should be set at liberty, recommend to the
Minister of Justice the appellant's release.
(5) The release of the appellant, after the finding of
the Tribunal, shall be in the absolute discretion of the
Minister of Justice and he may, with or without assigning
any reason, order the release of the appellant or order the
continued or further internment of the appellant for such
period of time as he may think proper.
(6) In the identification document of any enemy alien
dealt with under the provisions of this Regulation an entry
37
shall be made of the action taken with respect to him and
notice of such action shall be given to the Registrar
General of Enemy Aliens.
(7) Nothing in this and the two preceding Regulations
shall prevent the Minister of Justice from ordering the
release of any enemy alien from arrest, detention or intern-
ment, or from ordering the arrest, detention or internment
of any enemy alien.
(8) A copy of this Regulation shall be posted in a
conspicuous place in every place of internment.
Sabotage and Misrepresentation
27. (1) No person shall do any act with intent to impair Sabotage,
the efficiency or impede the working of any vessel, aircraft,
vehicle, machinery, apparatus or other thing used or
intended to be used for the purposes of any of His Majesty's
forces, or for any undertaking engaged in the performance
of essential services:
The preceding provisions of this paragraph shall apply
in relation to any omission on the part of a person to do
anything which he is under a duty, either to the public or
to any person, to do, as they apply in relation to the doing
of any act by a person.
28. No person shall knowingly — Interference
(a) cause interference with the sending or receiving of telegraphic
.. , p -.. communica-
communications by means of radio, or tions.
(6) cause interference with, or intercept, telegraphic or
telephonic communications made otherwise than by
the said means:
29. No person shall — Interference
with His
(a) do any act having reasonable cause to believe that Majesty's
forces etc
it will be likely to prevent or interfere with the
performance of their duties by members of His
Majesty's forces or the carrying on of their work
by persons engaged in the performance of essential
services, or
(6) do, in relation to any person whom he knows to
to be a member of His Majesty's forces or to be
a person so engaged, any act with intent thereby
38
to render him incapable of efficiently performing
his duties as such or, as the case may be, of efficiently
carrying on his work as a person so engaged.
Provided that a person shall not be guilty of an offence
under this Regulation by reason only of his taking part in,
or peacefully persuading any other person to take part
in, a strike.
Misleading
acts and
misrepre-
sentation.
30. (1) No person shall—
(a) do any act calculated falsely to suggest that he or
any other person is or is not acting (either generally
or in a particular capacity) in the service, or on
behalf, of His Majesty or a foreign Government, or
as a member of a police force or fire brigade, or in
the service, or on behalf, of an undertaking engaged
in the performance of essential services.
(b) do any act whereby there are communicated, or
likely to be communicated, to the public or to any
section thereof any directions, instructions or infor-
mation falsely purporting to be duly issued or given
for purposes connected with the safety of the State
or the securing of the public safety, or
(c) make any defence signal otherwise than for the
purpose for which, or otherwise than in the circum-
stances in which, the making of that signal is
authorized by or on behalf of the Minister of
National Defence, or do any act, or make any
statement, having reasonable cause to believe that
the act or statement is likely to result in such a
signal being made otherwise than for that purpose
or otherwise than in those circumstances, or do an
act having reasonable cause to believe that the act
is likely to be mistaken for the making of such
signal, or
(d) do any act, or make any statement, having reason-
able cause to believe that the act or statement is
likely to mislead any person in the discharge of
any lawful functions in connection with the safety
of the State or the securing of the public safety:
(2) In this Regulation the expression " defence signal "
means any signal authorized by or on behalf of the Minister
39
of National Defence to be used for any purpose connected
with the safety of the State or the securing of the public
safety.
31. No person shall be in possession of a false passport False
or, being a subject of a Sovereign or State at war with His etT1™1
Majesty, shall pass under an assumed name.
PART III
PUBLIC SAFETY AND ORDER
32. The Minister of National Defence or any person Evacuation
authorized by him to act under this Regulation, may, if it
appears to him to be necessary or expedient so to do for
the purpose of meeting any actual or apprehended attack
by the enemy or of protecting persons or property from
the dangers involved in such attack, make as respects any
area in Canada, an Order directing that after such time
as may be specified in the order, no person other than a
person of such a class as may be so specified shall be in
that area without the permission of such authority or
person as may be so specified.
33. (1) The Minister of National Defence or the Minis- Precautions
ter of Pensions and National Health may by order pre- hostile
scribe the steps which are to be taken by persons in a
Canada to protect themselves against the dangers involved
in an attack by the enemy, and any such order may pro-
vide that, upon the giving of any such notice or signal as
may be specified in the order, any persons or classes of
persons may, in such circumstances and subject to such
conditions (if any) as may be specified in the order, enter
and remain in any such premises or parts of premises as
may be designated in such manner, and by such authority
or person, as may be so specified.
(2) No person shall —
(a) wilfully obstruct any person entering or seeking to
enter any premises or part of any premises in
accordance with an order made under paragraph
(1) of this Regulation, or
(6) eject from any premises or part of any premises
any person who is entitled to be therein by virtue
of such an order.
40
(3) Either of the said Ministers may by order prohibit
or restrict, or empower a senior police officer to prohibit
or restrict, assemblies of persons in any area in Canada,
either generally or for particular purposes, in so far as
such prohibition or restriction appears to the Minister to
be necessary in order to minimize the risk of loss of life
or personal injuries being caused in that area in conse-
quence of any attack by the enemy; and any constable
may take such steps, and use such force, as may be reason-
ably necessary to secure compliance with any order under
this paragraph.
prlSiswta°nd 34, (^ Wnere> as respects any premises, it appears to
contamina- any senior police officer or to any person authorized by
the Minister of National Defence or the Minister of Pen-
sions and National Health to act under this paragraph,
that by reason of the fact —
(a) that substantial damage has occurred in those
premises, or
(6) that works of demolition or construction are being,
or are about to be, executed in the premises, or
(c) that, in consequence of hostile action, the premises
are contaminated by any lethal gas or other noxious
substance,
it is expedient in the interests of the public safety, the
safety of the State or the maintenance of public order so
to do, the said officer or person may take, or authorize the
taking of, such steps, and give such directions, as he
thinks necessary for the purpose of the protection of per-
sons and property in, or in the vicinity of, those premises;
and for the avoidance of doubt it is hereby declared that
the powers conferred in relation to any premises by the
preceding provisions of this Regulation include powers to
stop up, and to prohibit or restrict the use of, any high-
way, and to prohibit or restrict the occupation of premises,
so far as may be necessary for the said purpose.
(2) Any person authorized to act under this Regulation
may, if satisfied with respect to any chattel that, in con-
sequence of hostile action, the chattel is contaminated by
any lethal gas or other noxious substance, and that in order
to prevent danger to life or health being occasioned there-
by it is necessary so to do, —
41
(a) cause to be taken in relation to the chattel all such
steps as may be reasonably necessary to render it
free from the contamination, or
(b) if it is not reasonably practicable so to render the
chattel free from the contamination, cause the
chattel to be destroyed.
35. (1) The Minister of National Defence or any person Control
authorized by him to act under this Regulation may by and founds,
order provide —
(a) for prohibiting or regulating the display of lights
of any such description as may be specified in the
order;
(b) for securing that, in such circumstances as may be
specified in the order, indication of the position of
such premises and places, and warning of the
presence of such vehicles or vessels, as may be
specified in the order shall be given by means of
such lights as may be prescribed by the order, and
for prescribing the manner in which any apparatus
used for the purpose of exhibiting such lights is to
be constructed, installed and used;
(c) for prohibiting or regulating such activities as may
be specified in the order, being activities which, by
reason of their involving the emission of flames,
sparks or glare or the making of noise, might, in
the opinion of the said Minister, serve to convey
information useful to the enemy or otherwise inter-
fere with measures taken for the safety of the
State.
Any such order may be made so as to apply to any
area or premises therein, may make different provision as
respects different classes of premises, vehicles or vessels,
may provide for exempting any premises, vehicles or
vessels (either absolutely or conditionally) from the opera-
tion of any of the provisions of the order, and may contain
such incidental and supplementary provisions as appear
to the Minister of National Defence to be necessary or
expedient for the purposes of the order.
(2) If any order made under this Regulation is con-
travened or not complied with in the case of any premises,
42
vehicle or vessel, any constable and any member of His
Majesty's forces may enter the premises or board the
vehicle or vessel and take in relation thereto all such
steps as may be reasonably necessary for the enforcement
of the order, and (without prejudice to any proceedings
which may be taken against any other person) the occupier
of the premises, the person in charge of the vehicle, or the
master of the vessel, as the case may be, shall be guilty
of an offence against this Regulation;
Provided that, in any proceedings which, by virtue of
this paragraph are taken against any person in respect
of a contravention of, or non-compliance with, such an
order on the part of another person, it shall be a defence
for the defendant to prove that the contravention occurred
without his knowledge and that he exercised all due dili-
gence to secure compliance with the order.
Power to 36. The Minister of National Defence or any person
require
inhabitants authorized by him to act under this Regulation may by
to remain , . . , . ._ . . _
indoors. order require every person withm an area specified m the
order to remain within doors between such hours as may
be specified in the order and in such case, no person within
that area shall remain out between such hours without a
permit in writing from a person authorized in the Order
to issue such permits.
Explosives, 37. (1) The Minister of Justice may by an order made
ammunition . -.ei r*i J • l u • a
and as respects any specified area m Canada provide, subject
firearms. ^Q any exemptions for which provision may be made by
the order, for prohibiting (either absolutely or condition-
ally) the possession in that area of any explosive, any
ammunition or any firearm or component part of a fire-
arm; and such an order may be made either with respect
to all explosives, ammunition, firearms or component parts
of firearms, or with respect to any class of explosives,
ammunition, firearms or component parts of firearms.
(2) Every person who, in any such area in Canada as
may be specified by order of the Minister of Justice, not
being an area in relation to which an order made under
paragraph (1) of this Regulation is in force, has in his
possession or under his control any explosive, any ammuni-
tion or any firearm or component parts of a firearm, shall
43
comply with such directions for securing the safe custody
thereof as may be given by the senior police officer for
the district in which the explosives, ammunition, firearm
*>r component parts is or are situate, and any such directions
may require the removal of the explosive, ammunition,
firearm or component parts to such place in the first-men-
tioned area as may be specified in the directions.
If any directions given under this paragraph by a senior
police officer are not complied with, then (without prejudice
to any proceedings which may be taken in respect of the
offence) the said officer may cause the articles to which
the directions relate to be dealt with in such manner as
may be necessary for securing compliance with the direc-
tions.
38. (1) If, as respects any premises in Canada used for Manufacture
producing, treating, handling or keeping any articles or sub- transport of
stances, the Minister of Mines and Resources is satisfied articles0.118
that precautions should be taken against special risks aris-
ing from the nature of the articles or substances, he may by
order make such provision as appears to him to be necessary
or expedient for protecting persons and property in, or
in the vicinity of, such premises against any such risks
as aforesaid; and any such order may authorize the search-
ing of persons entering or seeking to enter, or being within,
any premises to which the order applies.
(2) The appropriate Minister may by order make, in
relation to the conveyance of any description of articles
or substances specified in the order, such provision as
appears to him to be necessary or expedient for protecting
persons and property against special risks arising, in
connection with such conveyance, by reason of the nature
of those articles or substances.
For the purposes of this paragraph the expression " the
appropriate Minister'' means
(a) as respects conveyance by railway, aircraft or vessel,
the Minister of Transport;
(6) as respects conveyance otherwise than by railway,
aircraft or vessel, the Minister of Mines and Re-
sources.
44
(3) In relation to any premises in the possession or
under the control of the Department of National Defence,
and in relation to any vehicle or vessel in the possession
of the said Department, paragraphs (1) and (2) of this
Regulation shall have effect as if for the references in
those paragraphs to the Minister of Mines and Resources
and the appropriate Minister, respectively, there were
substituted references to the Minister of National Defence.
Causing
disaffection.
Public Order
39. No person shall by word of mouth: —
(a) spread reports or make statements, false or other-
wise, intended or likely to cause disaffection to His
Majesty or to interfere with the success of His
Majesty's forces or of the forces of any allied or
associated Powers or to prejudice His Majesty's
relations with foreign Powers, or
(6) spread reports or make statements, false or other-
wise, intended or likely to prejudice the recruiting,
training, discipline, or administration of any of His
Majesty's forces.
PART IV
SHIPS AND AIRCRAFT
General
control of
shipping.
40. (1) Every vessel within the ports of Canada or
Canadian waters, as defined in the Customs Act, shall
comply with such orders as to the navigation and mooring
of vessels as may be issued by, or on behalf of, the Minister
of National Defence, and shall obey any orders given,
whether by signal or otherwise, by any officer in command
of any of His Majesty's Canadian ships or of any other
of His Majesty's ships or any naval, military or air force
officer engaged in the defence of the coasts of Canada,
(2) Every vessel of Canadian registry or licence where-
soever it may be shall comply with such orders as to its
navigation and mooring as may be issued by, or on behalf
of, the Minister of National Defence and shall obey any
orders given, whether by way of signal or otherwise, by
45
any officer in command of His Majesty's Canadian ships
or of any other of His Majesty's ships, or by any naval,
military or air force officer engaged in the defence of the
coasts of Canada.
(3) If the master or other person in command or charge
of such vessel fails to comply with or to obey any order
issued or given under this Regulation, he shall be guilty
of an offence against this Regulation.
41. (1) A transfer made on or after the date on which Transfer
Tk • • i t • ° ships
these Regulations come into force of a British ship regis- registered
tered in Canada, or of a share therein or of a mortgage
thereof (including transfer of mortgage) to a person not
qualified to own a British ship, or to a foreign-controlled
company, shall not have any effect unless the transfer is
approved by the Minister of Transport; and any person
who makes, or purports to make, such a transfer after the
coming into force of this Regulation without that approval
shall be guilty of an indictable offence and shall be liable
to imprisonment for a term not exceeding two years or to
a fine not exceeding five thousand dollars or to both such
imprisonment and fine.
(2) The expression "foreign-controlled company" means
any corporation in respect of which
(a) the majority of the directors, or persons occupying
the position of directors by whatever name called,
are not British subjects; or
(b) the majority of the voting power is in the hands of
persons who are not British subjects, or who exercise
their voting powers directly or indirectly on behalf
of persons who are not British subjects; or
(c) the control is by any other means whatever in the
hands of persons who are not British subjects; or
(d) the executive is a foreign-controlled company, or
the majority of the executive are appointed by a
foreign-controlled company.
A corporation shall not be deemed to be a British subject
for the purposes of this Regulation unless it is established
in and subject to the laws of some part of His Majesty's
dominions or of some British Protectorate, and has its
principal place of business therein.
46
(3) The Minister of Transport may require any person
who is the owner or mortgagee of a British ship registered
in Canada, or who applies to be registered as the owner
or mortgagee of a British ship registered in Canada — to
furnish to him such particulars as appear necessary to him
for the purpose of ascertaining whether or not that person
is, or is a trustee for, or otherwise represents, a foreign-
controlled company, and, in the case of a corporation, may
also require the secretary, or any other officer of the cor-
poration performing the duties of secretary, to furnish
those particulars.
If any person fails to supply such particulars as it is
in his power to give when required, or furnishes particulars
which are false in any material particular, he shall be
guilty of an offence under this Regulation.
(4) Where, after the coming into force of this Regula-
tion, any person who is the owner or mortgagee of a British
ship registered in Canada, ceases to be a British subject
or becomes a foreign-controlled company, that ship, or, in
the case of a mortgagee of a ship, the interest of the
mortgagee, shall be subject to forfeiture in accordance with
the procedure provided in Part I of the Canada Shipping
Act, 1934, as if it had become so subject under such Part.
(5) No application for the transfer of the registration
of a British ship registered in Canada, from a port of
registry in Canada to a port of registry outside of Canada,
shall hereafter be made or granted without the written
consent of the Minister of Transport.
(6) In this Regulation, unless the context otherwise
requires, any reference to a ship shall include a reference
to a share in a ship.
issue of 42. After the coming into force of the preceding Regu-
lation no licence for a vessel not required to be registered
under the Canada Shipping Act, 1934, shall be issued under
sections 106 to 112 of that Act unless the issue thereof
has been approved by the Minister of Transport, and no
transfer of any interest in any such vessel shall be effective
unless made by an instrument in writing approved by the
Minister of Transport and filed with the Collector or other
chief officer of the Customs at a port or place in Canada,
or, in the case of a licensed vessel, at the port or place in
Canada at which the licence of such vessel has been issued.
47
43. (1) Subject as hereinafter provided, the Minister of Measures
National Defence may, if it appears to him to be necessary of British
or expedient for the safety of British ships registered in registered
Canada and of persons on board such ships so to do, make m Canada-
provision by order —
(a) for securing that any such ship to which the order
applies shall not, except under permission granted
by or on behalf of the Minister of National Defence,
proceed to sea from any port (whether within or
outside Canada) unless such requirements in respect
of the alteration of the structure or external appear-
ance of the ship, and in respect of the equipping of
the ship with any particular apparatus, contrivance
or appliance, as may be contained in the order have
been complied with;
(6) for securing the proper maintenance and efficient
use of any apparatus, contrivance or appliance with
which any such ship is equipped in pursuance of the
order;
(c) for any incidental and supplementary matters for
which it appears to the Minister of National Defence
to be necessary or expedient for the purposes of the
order to provide;
and an order under this Regulation may be made so as
to apply either to a particular British ship registered in
Canada or to such ships of a particular class, and so as to
apply to any such ship or ships either wherever it or they
may be or while in such waters, or engaged on such voyages,
as may be specified in the order.
(2) If any such ship proceeds or attempts to proceed to
sea in contravention of an order made under this Regula-
tion, the master of the ship and the person having the
management thereof shall each be guilty of an offence
against this Regulation.
(3) Any person acting on behalf of His Majesty may,
in relation to any such ship, take such steps, and use such
force, as may appear to that person to be reasonably
necessary for securing compliance with any order under
this Regulation relating to the ship, or, where an offence
against this Regulation has occurred in the case of the
ship, for enabling proceedings in respect of the offence to
be effectually taken.
48
Control of 44. (i) Without prejudice to any navigation order and
subject to the provisions of this paragraph, the Minister
of Transport may make provision by order for imposing
in relation to any British ship registered in Canada to
which the order applies, restrictions in respect of all or
any of the following matters, that is to say: —
(a) the trades in which the ship may be engaged, and
the voyages which may be undertaken by the ship;
(6) the classes of cargoes or passengers which may be
carried in the ship; and
(c) the chartering of the ship, and the terms and condi-
tions upon which cargoes or passengers may be
carried in the ship;
and any such order may contain such incidental and
supplementary provisions as appear to the Minister of
Transport to be necessary or expedient for the purposes
of the order, including provisions for securing that any
ship to which the order applies shall not proced to sea
from any port (whether within or outside Canada) except
under the authority of a licence granted by or on behalf of
the said Minister, and for requiring any such ship to
comply with any directions given on behalf of the said
Minister as to the ports to which the ship is to proceed
for any particular purposes.
Any provisions of an order under this paragraph may
be framed so as to apply to all British ships registered
in Canada or to any class of such ships or to any one of
such ships, and so as to apply to any such ship or ships
wherever it or they may be or while in such waters, or
engaged in such trades or on such voyages, as may be
specified in the order.
(2) If any such ship proceeds or attempts to proceed
to sea in contravention of an order made under this
Regulation, or if otherwise there is any contravention of
such an order in the case of a ship, the master of the
ship and the person having the management thereof shall
each be guilty of an offence against this Regulation.
(3) Any person acting on behalf of His Majesty may,
in relation to any such ship, take such steps, and use such
force, as may appear to that person to be reasonably neces-
sary for securing compliance with any order under this
49
Regulation relating to the ship, or, where an offence against
this Regulation has occurred in the case of the ship, for
enabling proceedings in respect of the offence to be effectu-
ally taken.
45. Any person lawfully engaged to serve on board any Deserters
ship belonging to, or chartered or requisitioned by, or on
behalf of His Majesty, who in Canada deserts from his
ship or absents himself therefrom without leave may, not-
withstanding anything contained in the Canada Shipping
Act, 1934, be conveyed on board his ship by, or under the
direction of, any one or more of the following persons,
that is to say, the master of the ship, the mate of the
ship, the person having the management of the ship, any
constable, or any commissioned officer in His Majesty's
forces.
46. No seaman lawfully engaged to serve on board any Seamen
required
ship belonging to, or chartered, or requisitioned by or on to have
behalf of His Majesty, shall be absent from his ship, pas's when
whether upon duty or otherwise, without a written pass f^Ttheir
which shall state the period of his authorized absence, shiP-
duly signed by the master, mate, purser, or first engineer
of his ship, and any such seaman so being absent without
such a pass, or being found without the same in his posses-
sion, shall be guilty of an offence against this Regulation
and shall moreover be subject to the exercise of the
authority conferred by the next preceding Regulation, as
if absent from his ship without leave.
47. Save and except as may be permitted by the Min- Control of
ister of Transport the navigation over Canada and Cana-
dian waters, as defined by the Customs Act, of all aircraft
other than aircraft exclusively employed in His Majesty's
Service, is prohibited. The permission herein mentioned
may extend to the navigation of all said aircraft, or of
any specified aircraft, over Canada and Canadian waters,
as so defined, or over any specified area or with respect
to any time or any specified time.
50
PART V
ESSENTIAL SUPPLIES
Requisition- 43. (i) Subject as hereinafter provided, the Minister of
property National Defence, hereinafter referred to as the Minister,
land. if it appears to him to be necessary or expedient so to do
in the interests of the public safety, the safety of the
State or the efficient prosecution of the war, or for main-
taining supplies and services necessary to the life of the
community, may requisition —
(a) any chattel in Canada (including any vessel or air-
craft or any article on board a vessel or aircraft),
and
(6) any British ship or aircraft registered in Canada
or any article on board such British ship or aircraft,
wherever the ship or aircraft may be;
and may give such directions as appears to him to be
necessary or expedient in connection with the requisition:
Provided that the preceding provisions of this Regula-
tion shall not authorize the requisitioning of any British
ship or aircraft registered elsewhere than in Canada or of
any foreign ship or aircraft or of anything on board such
a ship or aircraft.
(2) If the Minister requisitions any property under
this Regulation, he may use or deal with, or authorize
the use of or dealing with, the property for such pur-
pose and in such manner as he thinks expedient in the
interests of the public safety, the safety of the State or
the efficient prosecution of the war, or for maintaining
supplies and services necessary to the life of the com-
munity, and may hold, or sell or otherwise dispose of,
the property as if he were the owner thereof.
(3) The Minister, if it appears to him to be necessary
for the effectual exercise in his powers under paragraph (1)
of this Regulation so to do, may, by order made as
respects the whole of Canada or any part thereof, —
(a) direct that no person who, at the time when the
order takes effect, has in his possession or under
his control, at any premises in the area to which
51
the order relates, any such articles as may be
described in the order, shall remove the articles,
or cause or permit them to be removed, from the
premises until the removal of the articles there-
from is permitted by such authority or person as
may be specified in the order;
(b) require the owner or occupier of any premises in
the said area to send to such authority or person
as may be specified in the order a written declara-
tion stating or estimating whether or not, on such
date as may be specified in the order, any such
articles as aforesaid were or will be on the premises,
and, if so, the number or quantity of those articles
which was or will be on the premises on that date,
according as the order may direct.
(4) The Minister may, to such extent and subject to
such restrictions as he thinks proper, delegate all or any
of his functions under paragraphs (1) to (3) of this Regu-
lation to any particular persons or class of persons.
49. ( 1 ) The Minister of Transport, or any person auth- Control
orized by him may by order in writing direct that the transport,
control, management or operation of any railway, light
railway, tramway or road transport, including any railway
or road transport owned or controlled by His Majesty, be
exercised and performed in such manner as the said Minis-
ter may think proper in the interests of the public safety,
the safety of the State, or the efficient prosecution of the
war, or for maintaining supplies and services necessary to
the life of the community.
(2) The Minister of Transport, or any person author-
ized by him, may by order in writing give directions for
prohibiting or restricting, within such area and for such
period as may be specified in the order, the public use of
any highway or railway, including any railway owned or
controlled by His Majesty, so as to facilitate the move-
ment on such highway or by such railway of His Majesty's
forces or of war supplies.
50. Where — Licensing
of
(a) the draft of a licence for the establishment of a explosives
. factories.
factory or magazine for gunpowder or other ex-
52
plosives is, in pursuance of the Explosives Act, sub-
mitted to the Minister of Mines and Resources by
the applicant for the licence, or
(b) an application for an amending licence for the
making of any alteration in such a factory or maga-
zine is made to the said Minister in pursuance of
the said Act,
the said Minister may, instead of taking any other steps
which he is required by the said Act to take in respect of
the application, grant the licence or amending licence, as
the case may be, subject to such conditions, if any, as he
may think proper, and any licence granted under this
Regulation shall have effect for the purposes of the Explo-
sives Act, as if it had been duly granted under that Act.
Handling 51. (1) The Minister of Transport may make such
conveyance regulations as may be necessary for regulating the ship-
ammunition, ping? unshipping, handling, storage and conveyance of
Canadian ammunition, explosives and inflammable substances in
waters. any ports or in Canadian waters as defined in the Customs
Act: Provided that no such regulation shall apply to the
shipping, unshipping, handling or conveyance of ammuni-
tion, explosives or inflammable substances in any vessel
or aircraft in the service of, or under the control of His
Majesty.
(2) Any reference in this Regulation to shipping or to
unshipping shall be construed as including a reference to
putting on board aircraft or to unloading from aircraft,
as the case may be.
Power to
obtain
information.
PART VI
GENERAL AND SUPPLEMENTARY PROVISIONS
52. Any person, if so required by an officer of His
Majesty's naval, military or air forces, or by a sailor, soldier
or airman engaged on sentry, patrol or other similar duty,
shall stop and answer to the best of his ability and knowl-
edge any questions which may be reasonably addressed to
him.
Nothing in this Regulation shall be construed as giving
any officer any power to stop or question any person, not
53
being a person subject to the Naval Service Act, or to
military or air force law, unless such officer is acting in the
performance of his duties.
53. (1) Any person by whom an order is made in pur- Notices.
suance of these Regulations or a person acting on behalf
of such a person shall give public notice of the order in
such manner as he may consider best adapted for inform-
ing persons affected by the order.
(2) Any constable or any member of His Majesty's
naval, military or air forces or any person acting on behalf
of the person issuing any such order as aforesaid, may
affix any such notice to or cause it to be displayed on any
premises, vehicle or vessel and may for such purposes
enter any premises at any reasonable time during the day.
(3) No person except under lawful authority shall
remove, alter, deface or obliterate any notice posted pur-
suant to the provisions of this Regulation.
54. If any person — False
statements.
(a) in answer to any request made in pursuance of
any of these Regulations, or any order made under
any of these Regulations, makes any statement, or
furnishes any information, which he knows or has
reasonable cause to believe to be false in a material
particular, or
(b) makes such a statement as aforesaid in any account,
declaration, estimate, return or other document
which he is required by any of these Regulations
or by an order under any of these Regulations
to make,
he shall be guilty of an offence against that Regulation.
55. No person shall obstruct any servant of His Majesty, obstruction.
or member of a fire brigade acting in the course of his
duty as such, or any person exercising any powers, or
performing any duties, conferred or imposed on him by
or under any of these Regulations, or otherwise discharging
any lawful functions in connection with the securing of
the public safety or the safety of the State.
54
Restrictions 56. No person who , obtains any information by virtue
disclosing of these Regulations shall, otherwise than in connection
' with the execution of these Regulations or of an order,
rule or by-law made under these Regulations, disclose
that information except with permission granted by, or
on behalf of, a Minister of the Crown.
Licences,
permits,
etc.
Administrative Provisions
57. (1) Any person claiming to be the holder of any
permit, licence, certificate or written permission granted
or issued for the purposes of any of these Regulations shall,
on demand made in that behalf by any constable or by any
person acting on behalf of His Majesty, produce the permit,
licence, certificate or permission, as the case may be, to
the person making the demand.
(2) If, with intent to deceive, any person alters or uses,
or lends to, or allows to be used by any other person, a
permit, licence, certificate or written permission granted
or issued for the purposes of any of these Regulations, or
makes or has in his possession any document so closely
resembling such a permit, licence, certificate or permission
as to be calculated to deceive, he shall be guilty of an
offence against this Regulation.
(3) Any permit, licence, certificate or permission granted
for the purposes of any of these Regulations may be revoked
at any time by the authority or person empowered to
grant it.
Power to
enter and
search
premises.
58. (1) If a Justice of the Peace is satisfied by informa-
tion on oath that there is reasonable ground for suspecting
that a war offence has been or is being committed, and
that evidence of the commission of the offence is to be
found at any premises specified in the information, he
may grant a search warrant authorizing any senior police
officer or any commissioned officer in His Majesty's forces,
together with any other persons named in the warrant
and any other constables or members of His Majesty's
forces, to enter the premises at any time or times within
one month from the date of the warrant, if necessary
by force, and to search the premises and every person found
therein, and to seize any article found in the premises or
55
on any such person which the officer has reasonable ground
for believing to be evidence of the commission of such
an offence as aforesaid.
(2) If, with respect to any premises, any senior police
officer or any person authorized by the Minister of Justice
to act under this paragraph, has reasonable ground for
suspecting that a war offence has been or is being com-
mitted, and that evidence of the commission of the offence
is to be found at those premises, and is satisfied —
(a) that it is essential in the interests of the State that
the premises should be searched for the purpose
of obtaining that evidence, and
(b) that the evidence is not likely to be found at the
premises unless they are searched forthwith,
the said officer or person may, by a written order under
his hand, confer the like powers of search in relation
to the premises as might be conferred under paragraph (1)
of this Regulation by the warrant of a Justice.
(3) No woman shall, in pursuance of a warrant issued
under this Regulation, be searched except by a woman.
59. (1) The person driving, or in control of, any road Power to
vehicle in motion shall stop the vehicle on being required search
vehicles.
so to do by any constable in uniform or by any member
of His Majesty's forces being in uniform and on duty.
(2) If-
(a) as respects any road vehicle being on a public high-
way or in a place to which the public have access, or
(b) upon any occasion on which the person driving, or
in control of, a road vehicle has been lawfully
required to stop but has failed to do so.
any constable, or any member of His Majesty's forces
acting in the course of his duty as such, has reasonable
ground for suspecting that there is to be found in the
vehicle evidence of the commission of a war offence, he
may stop and search the vehicle and may seize any article
found therein which he has reasonable ground for believing
to be evidence of the commission of such an offence.
The powers conferred by this paragraph shall be in
addition to, and not in derogation of, any of the powers
conferred by the last preceding Regulation.
56
Power to
arrest
without
warrant.
(3) In this Regulation the expression " road vehicle "
means any vehicle designed or adapted for use on roads.
60. Any constable, any member of His Majesty's forces
acting in the course of his duty as such, or any person
authorized by the Minister of Justice to act under this
Regulation may arrest without warrant any person whom
he has reasonable ground for suspecting of having com-
mitted a war offence.
Attempts
to commit
offences,
and
assisting
offenders.
Legal
proceedings.
Offences and Legal Proceedings
61. (1) Any person who attempts to commit, or does
any act preparatory to the commission of, an offence
against any of these Regulations, shall be deemed to be
guilty of an offence against that Regulation.
(2) No person, knowing or having reasonable cause to
believe that another person is guilty of an offence against
any of these Regulations, shall give that other person any
assistance with intent thereby to prevent, hinder or inter-
fere with the apprehension, trial or punishment of that
person for the said offence.
62. (1) For the purposes of the trial of a person for an
offence against any of these Regulations, the offence shall
be deemed to have been committed either at the place at
which the same actually was committed, or at any place
in Canada in which the offender may be found.
(2) In addition, and without prejudice to any powers
which a Court may possess to order the exclusion of the
public from any proceedings if, in the course of proceedings
before a Court against any person for an offence against
any of these Regulations or the proceedings on appeal,
application is made by the prosecution, on the ground that
the publication of any evidence to be given or of any
statement to be made in . the course of the proceedings
would be likely to assist the enemy or to prejudice the
public safety, the safety of the State or the efficient
prosecution of the war, that all or any portion of the public
shall be excluded during any part of the hearing, the Court
may make an order to that effect but the passing of
sentence shall in any case take place in public.
57
(3) Where the person guilty of an offence against any Offences by
of these Regulations is a company or corporation, every t?ons!ra"
person who at the time of the commission of the offence
was a director or officer of the company or corporation
shall be guilty of the like offence unless he proves that
the act or omission constituting the offence took place
without his knowledge or consent, or that he exercised all
due diligence to prevent the commission of such offence.
63. (1) Every person who contravenes or fails to comply Penalties,
with any of these Regulations, or any order, rule, by-law,
or direction, made or given under any of these Regulations,
shall be guilty of an offence against that Regulation.
(2) Where no specific penalty is provided, such person
shall be liable on Summary Conviction to a fine not
exceeding five hundred dollars, or to imprisonment for a
term not exceeding twelve months, or to both fine and
imprisonment; but such person may, at the election of
the Attorney-General of Canada, be prosecuted upon indict-
ment, and if convicted shall be liable to a fine not exceeding
five thousand dollars, or to imprisonment for a term not
exceeding five years, or to both fine and imprisonment.
64. Without prejudice to any special provisions con- Service of
tained in these Regulations, a notice to be served on any notlces*
person for the purposes of any of these Regulations may
be served by posting it addressed to that person at his
last or usual place of abode or place of business.
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